Peter Bendor-Samuel, CEO and Founder - Everest Group & Lenny Joiner, Engagement Director - Everest Group
The recent allegation against Infosys of manipulating U.S. immigration law to allow it to bring large numbers of Indian employees into the U.S. to do work under visas that do not allow such activities illustrates a problem impacting the entire global services industry.
Lawsuit pleadings deliver robust case studies of "train-wreck" software business situations. Studying lawsuits can save serious screw-ups in several segments of your business. One example is a big-bucks battle that began in 2009 and ended only days ago. It offers actionable lessons for strategy, product design, product development, launches, marketing, licensing, compliance, and exit events. Over $1,000,000,000 depended on a recent lawsuit in Austin, Texas between NEON Enterprise Software and IBM. What are its facts and lessons?
This is an issue near and dear to me, as I have spent a large part of my career drafting and negotiating enterprise software agreements. However, what I have found is that many growing software companies are trying to figure out how to design their enterprise software agreement, so some thoughts on it (from a software attorney) would/should be helpful.
A recent news story got my attention, as I think it is a great example of when to buy a patent for any software or SAAS company. You may have heard of Groupon. If you haven't, then read about it because it is a very interesting business model. But the angle for you is to learn about how (from my perspective) they are using patents to beat new startups trying to compete with them.
Let me frame this right: when you are selling to an end user, they sometimes say/insist/require that you use their form of agreement as part of the Software agreement negotiations or SAAS agreement negotiations. So what do you do?